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The president, with advice of council, shall have full power and authority in the recess of the General Court to prorogue the same from time to time, not exceeding ninety days in any one recess of said court; and during the session of said court to adjourn or prorogue it to any time the two houses may desire, and to call it together sooner than the time to which it may be adjourned or prorogued if the welfare of the State should require the same.

In cases of disagreement between the two houses with regard to the time of adjournment or prorogation, the president, with advice of council, shall have a right to adjourn or prorogue the General Court, not exceeding ninety days at any one time, as he may determine the public good may require. And he shall dissolve the same seven days before the said first Wednesday of June. And in case of any infectious distemper prevailing in the place where the said court at any time is to convene, or any other cause whereby dangers may arise to the healths or lives of the members from their attendance, the president may direct the session to be holden at some other, the most convenient place within the State.

The president of this State for the time being shall be commander-in-chief of the army and navy, and all the military forces of the State, by sea and land; and shall have full power by himself, or by any chief commander, or other officer or officers, from time to time, to train instruct, exercise, and govern the militia and navy, and for the special defence and safety of this State to assemble in martial array and put in warlike posture the inhabitants thereof, and to lead and conduct them, and with them to encounter, expulse, repel, resist, and pursue by force of arms, as well by sea as by land, within and without the limits of this state, and also to kill, slay, destroy, if necessary, and conquer by all fitting ways, enterprise, and means, all and every such person and persons as shall, at any time hereafter, in a hostile manner attempt or enterprise the destruction, invasion, detriment, or annoyance of this State ; and to use and exercise over the army and navy, and over the militia in actual service, the law martial in time of war, invasion, and also in rebellion, declared by the Legislature to exist, as occasion shall necessarily require; and surprise by all ways and means whatsoever all and every such person and persons, with their ships, arms, ammunition, and other goods, as shall in a hostile manner invade or attempt the invading, conquering, or annoying this State ; and, in fine, the president hereby is intrusted with all other powers incident to the office of captain-general, and commander-in-chief, and admiral, to be exercised agreeably to the rules and regulations of the Constitution and the laws of the land ; provided, that the president shall not at any time hereafter, by virtue of any power by this Constitution granted, or hereafter to be granted to him by the Legislature, transport any of the inhabitants of this State, or oblige them to march out of the limits of the same, without their free and voluntary consent, or the consent of the General Court, nor grant commissions for exercising the law martial in any case without the advice and consent of the council.

The power of pardoning offences, except such as persons may be convicted of before the Senate by impeachment of the House, shall be in the president, by and with the advice of the council; but no charter of pardon granted by the president, with advice of council, before conviction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned.

All judicial officers, the attorney-general, solicitorgeneral, all sheriffs, coroners, registers of probate, and all officers of the navy, and general and field officers of the militia, shall be nominated and appointed by the president and council; and every such nomination shall be made at least seven days prior to such appointment, and no appointment shall take place unless three of the council agree thereto.

The captains and subalterns in the respective regiments shall be nominated and recommended by the field officers to the president, who is to issue their commissions immediately on receipt of such recommendation. No officer duly commissioned to command in the militia shall be removed from his office but by the address of both houses to the president, or by fair trial in courtmartial, pursuant to the laws of the State for the time being

The commanding officers of the regiments shall appoint their adjutants and quartermasters, the brigadiers their brigade-majors, the major-generals their aids, the captains and subalterns their non-cominissioned officers. The president and council shall appoint all officers of the continental army, whom by the confederation of the United States it is provided that this State shall appoint, as also all officers of forts and garrisons.

The division of the militia into brigades, regiments, and companies, made in pursuance of the militia laws now in force, shall be considered as the proper division of the militia of this State until the same be altered by some future law.

No monies shall be issued out of the treasury of this State and disposed of (except such sums as may be appropriated for the redemption of bills of credit or treasurer's notes, or for the payment of interest arising thereon) but by warrant under the hand of the president for the time being, by and with the advice and consent of the council, for the necessary support and defence of this State, and for the necessary protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the General Court.

All public boards, the commissary-general, all superintending officers of public magazines and stores belonging to this State, and all commanding officers of forts and garrisons within the same, shall once in every three months officially, and without requisition, and at other times when required by the president, deliver to him an account of all goods, stores, provisions, ammunition, cannon with their appendages, and small arms with their accoutrements, and of all other public property under their care respectively; distinguishing the quantity and kind of each as particularly as may be, together with the condition of such forts and garrisons; and the commanding officer shall exhibit to the president, when required by him, true and exact plans of such forts, and of the land and sea or harbor or harbors adjacent.

The president and council shall be compensated for their services from time to time by such grants as the General Court shall think reasonable.

Permanent and honorable salaries shall be established by law for the justices of the superior court

Whenever the chair of the president shall be vacant by reason of his death, absence from the state or otherwise, the senior senator, for the time being, shall during such vacancy have and exercise all the powers and authorities which by this Constitution the president is vested with when personally present.

COUNCIL.

Annually, on the first meeting of the General Court, two members of the Senate and three from the House of Representatives shall be chosen by joint ballot of both houses as a council, for advising the president in the executive part of government, whom the president for the time being shall have full power and authority to convene from time to time, at his discretion; and the president, with the councilors, or three of them at least, shall and may from time to time hold and keep a council for ordering and directing the affairs of the State according to the laws of the land. The qualifications for councilors shall be the same as those required for senators. The members of the council shall not intermeddle with the making or trying impeachments, but shall themselves be impeachable by the House and triable by the Senate for malconduct.

The resolutions and advice of the council shall be recorded in a register, and signed by the members present; and this record may be called for at any time by either house of the Legislature, and any member of the council may enter his opinion contrary to the resolution of the majority.

And, whereas, the elections appointed to be made by this Constitution on the first Wednesday of June, annually, by the two houses of the legislature, may not be completed on that day, the said elections may be adjourned from day to day until the same shall be completed.

And the order of the elections shall be as follows: The vacancies in the Senate, if any, shall first be filled up; the president shall then be elected, provided there should be no choice of him by the people; and afterwards the two houses shall proceed to the election of the council.

SECRETARY, TREASURER, COMMISSARY-GENERAL, ETC.

The secretary, treasurer, and commissary-general shall be chosen by joint ballot of the senators and representatives assembled in one room.

The records of the State shall be kept in the office of the secretary, who may appoint his deputies, for whose conduct he shall be answerable, and he shall attend the president and council, the Senate and Representatives, in person or by deputy, as they may require.

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